Cowlitz Stud Co. v. Clevenger

*578¶20

J.M. Johnson, J.

(dissenting) — The last injurious exposure rule should apply to industrial injury claims, just as it does to occupational disease claims. Cowlitz Stud Company properly raised the last injurious rule to shift potential liability to Hampton Lumber. Petitioner Dana Clevenger, the Department of Labor and Industries (L&I), the industrial appeals judge, or the Board of Industrial Insurance Appeals (Board) should have joined Hampton to determine the assignment of liability for Clevenger’s worsened condition. The majority’s conclusion is erroneous. I dissent.

Analysis

¶21 The “last…